Glenn Greenwald: FISA ruling - Nothing to Celebrate

[Tuesday_Morning]

Great discussion concerning all the questions surrounding what little we know about yesterday's announcement of a change in FISA/Bush procedures:

http://glenngreenwald.blogspot.com/2007/01/nothing-to-celebrate_116907140467333806.html

<snip>

But ultimately, there are only two options -- (1) the administration is now complying fully and exclusively with FISA when eavesdropping, in which case all of its prior claims that it could not do so and still fight against The Terrorists are false, or (2) the administration has changed its eavesdropping program some, but it is still not fully complying with FISA, in which case nothing of significance has changed (at least on the lawbreaking issues) because the administration is still violating the law.

<snip>

There is no repentance here, nor (more importantly) is there any rescission of their claimed powers of lawbreaking. Quite the contrary. Gonazles' letter affirms, as one would expect, their belief that they were legally entitled to violate this law. That means (a) that they can violate it again at any future point when they want to, (b) they can violate other laws under the same theories, and (c) whatever other lawbreaking is already occurring as a result of those theories is not going to stop.

This "reversal" merely proves what we already knew -- that there was never any legitimate reason to violate FISA in the first place, and that all of the claims about how they had to in order to stop The Terrorists were complete fiction (claims which, just incidentally, they tried to use to win the last election; if you wanted to make them comply with FISA, it meant that you loved the Terrorists).

<snip>

much more...

http://glenngreenwald.blogspot.com/2007/01/nothing-to-celebrate_116907140467333806.html

[no_hypocrisy]

1. Not to mention the Administration has retained all the illegally culled

information thus far collected and will continue to keep it indefinitely. There is no court order in existence to make the WH give up all this information, and even if there were, nothing on earth would persuade them to admit it and give up the records. The damage is done and will continue to be done.

[Jeffersons Ghost]

2. kick but it gives Gonzales a few outs when under oath in Senate hearings...

[Tuesday_Morning]

3. more discussion here on Wired

discussing the end run they did around the FISA wiretapping issue

http://blog.wired.com/27bstroke6/2007/01/nsa_warrantless.html

<snip>

But it sounds to me like this court just re-wrote the law and made a second category of wiretaps (one that is easier to get but only targeted at overseas communications) the government can get. I'm not a lawyer, but Gonzales' letter makes it sound like this secret court just wrote a new law, just a day after Gonzales blasted 'activist judges' who aren't fit to rule on anti-terrorism policies. Isn't Congress supposed to be the one that writes the laws?

<snip>

more at link

[mmonk]

4. Used to write the laws.

"Isn't Congress supposed to be the one that writes the laws?"

Under this new dictatorship form of government called "unitary executive", I think they determine what is or isn't law if I'm not mistaken. Anyone who is against impeachment remember that you are sticking the knife in the back of your rights.

[Jeffersons Ghost]

7. i'm against impeachment...

I want the war-criminals on trial for CRIMES AGAINST HUMANITY while they still hold office!

[jsamuel]

5. "that there was never any legitimate reason to violate FISA in the first place"

Russ just got Gonzo to admit that in the hearing

[Mandate My Ass]

6. I hope he followed that up with

Then you deliberately and premeditatedly broke the law! :grr: